Request for Proposals Document No. M-2019-03

REQUEST FOR PROPOSALS

DOCUMENT NO. M-2019-03

PROPOSAL FOR: Services for Lake Township

LOCATION: Lake Township

CLOSING DATE: 26 September 2019 at 11:00 a.m.

SUBMITTED BY: ______(Insert company name)

SUBMITTED TO: Municipality of Marmora and Lake

Town Hall, 12 Bursthall Street Marmora, Ontario, K0K 2M0 Attn: Typhany Choinard, CAO

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Table of Contents

1.0 Introduction Page 4 1.1 Attachments included Page 4 1.2 Appendices Included Page 4 2.0 Closing Time Page 4 3.0 Proposal Opening and Results Page 5 4.0 Municipal Contact Persons Page 5 5.0 Instructions to Proponents Page 6 5.1 Addenda Page 6 5.2 Proposal Submission Page 6 5.2.1 Originals Page 6 5.2.2 Copies Page 7 5.2.3 Pricing Page 7 5.2.4 Submission Page 7 5.2.5 Couriered or Mailed Submissions Page 7 5.2.6 Faxed or E-mailed Submissions Page 7 6.0 General Terms and Conditions Page 7 6.1 Freedom of Information Act Page 7 6.2 Employees Page 8 6.3 Costs Incurred Page 8 6.4 Accept/Reject Page 8 6.5 Causes for Rejection Page 8 6.5.1 Proposal being Rejected Page 8 6.5.2 Proposal is Questioned but may be Accepted after Examination Page 8 or Correction 6.6 Cancellation of Contract Page 9 6.7 Changes to Work When Contract Underway Page 9 6.8 Rights of the Municipality Page 9 6.9 Municipality’s Right To Terminate Contract Under Certain Conditions Page 9 6.10 Protection of Work and Property Page 9 6.11 Indemnification Page 10 6.12 Confidentiality Page 10 6.13 Execution of Work Page 10 6.14 Conflict of Interest Page 10 6.15 Insurance Page 11 6.15.1 Liability Insurance Page 11 6.15.2 Vehicle Insurance Page 11 6.15.3 Proof of Insurance Page 11 6.15.4 Certificate of Insurance Page 11 6.16 Workplace Safety and Insurance Act/Employment Insurance Page 11 6.17 Workplace hazardous Materials Information Systems (WHIMIS) Page 12 6.18 The Occupational Health and Safety Act Page 12 6.19 Loss and Damage Page 12 6.20 Tools and Equipment Page 12 6.21 Approvals Page 12 6.22 Safety Requirements Page 12 6.23 Co-ordination of Services Page 13 M-2019-03 Page 3

6.24 Contract Page 13 7.0 Proposal Details and Specifications Page 13 7.1 Introduction Page 13 7.2 The Site Page 13 7.3 Scope of Work Page 13 7.3.1 Significant Elements Page 14 7.4 Specific Instructions Page 14 7.4.1 Record Keeping Page 14 7.4.2 Hours of Work Page 14 7.4.3 Supervision Page 15 7.4.4 Signs, Mailboxes and Guiderails Page 15 7.4.5 Preconstruction Page 15 7.4.6 Administration Page 15 7.4.7 Other Mandatory Submission Requirements Page 15 7.5 Services to be provided by the Contractor Page 16 7.5.1 Alternative Pricing Page 17 8.0 To Include In Proposal Page 17 8.1 Proposal Format Page 17 8.2 Acknowledgments Page 17 8.3 Pricing Page 17 8.4 References Page 17 8.5 Company Profile Page 17 8.6 Meets Specifications Page 17 8.7 Value Added Page 18 8.8 Alternative Pricing Page 18 8.9 Other Mandatory Documents to Include Page 18 9.0 Evaluation/Award Page 18 9.1 Evaluation Page 18 9.2 Evaluation Committee Page 18 9.3 Evaluation Process Page 18 9.4 Clarification Page 18 9.5 Evaluation Criteria Page 18 9.6 Recommendation of Award Page 19 10.0 Errors and Omissions Page 19 11.0 Proposal Checklist Page 19 Attachment 1 Register Form Page 20 Attachment 2 Map of Roads Page 21 Attachment 3 Sample Contract Page 24 Appendix A Acknowledgements Page 31 Appendix B Pricing Page 32 Appendix C References Page 33 Appendix D.1 Detailed Specifications Page 34 Appendix D.2 Value Added Page 35 Appendix E Alternative Pricing Page 36

Glossary and Definitions Page 37

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1.0 INTRODUCTION

The Municipality of Marmora and Lake (the “Municipality”) appreciates your interest in this Request for Proposals (“RFP”).

This RFP covers the services for Lake Township. See Section 7.0 for further details.

This approach, in contrast to a Request for Tenders (“RFT”) is being undertaken to encourage creative Proposals that include but are not limited to provide overview of job required.

In this RFP, the successful Proponent shall be referred to as the “Contractor”.

The Municipality of Marmora and Lake is a beautiful little municipality, part of Hastings County and located in central southern Ontario. It is equidistant from Ottawa and Toronto and the main village is located along Hwy 7, a major transportation route for trucks and vehicles traveling to and through those destinations. The largest village, Marmora, is surrounded by water from Crowe River, Crowe Lake and Beaver Creek.

Marmora and Lake will continue to be a small thriving Municipality in Ontario; a desirable place to work, live, vacation, and retire; by providing a clean natural environment, varied sources of recreation, excellent services and reasonable taxes.

Marmora and Lake has approximately 4,000 residents with 2,000 full time and seasonal residents in Lake Township. The Municipality maintains approximately 60 lane kilometres of road in Lake Township.

1.1 Attachments (included) The following Attachments are provided for informational purposes:

Attachment 1 – Register Form Attachment 2 – Map of Roads Attachment 3 – Sample Contract

1.2 Appendices (included) To be completed and submitted with Proposal:

Appendix A – Acknowledgements Appendix B – Pricing Appendix C – References Appendix D – Details, Value Added Appendix E – Alternative Pricing

2.0 CLOSING TIME

Proposals are to be submitted to the Municipality of Marmora and Lake, Town Hall, 12 Bursthall Street, Marmora, Ontario, before 26 September 2019 at 11:00 a.m.

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The time registered on the Municipality of Marmora and Lake digital phone system will be considered the official time of day when determining exact time of submission.

Proposals received after the Closing will not be accepted and will be returned to the Proponent unopened.

3.0 PROPOSAL OPENING AND RESULTS

All Proposals received on time will be opened 26 September 2019 at 11:05 a.m.at the Town Hall.

As this is an RFP, for which a number of criteria will be evaluated, only the names of the Proponents will be identified at the opening and the financial information submitted will not be publicly disclosed.

A list of Proponents will be available after the opening in the "Bid Record Book", located in the Municipality of Marmora and Lake Town Hall on the website at www.marmoraandlake.ca; or from Typhany Choinard, CAO at 613-472-2629 ext. 2227

Proponents will not be notified in writing of the Proposal results.

Proponents acknowledge that by submitting a Proposal, they have made themselves fully aware of the requirements and that any and all inquiries pertaining to this Proposal have been satisfied and are included as part of the submitted price.

4.0 MUNICIPAL CONTACT PERSONS

Proponents with questions related to the detailed specification or the nature of the work required may contact only, Kevin Hart, Manager of Transportation, in writing only, by email to [email protected], or by fax 613-472-2232.

Questions related to the Proposal process itself, should be emailed to Typhany Choinard, CAO, Municipality of Marmora and Lake, in writing only, by email to [email protected], or by fax 613-472-5530.

Any questions, requests for information, or comments on this RFP should be addressed not later than 3:00 pm on 23 September 2019 to allow staff time to respond or to prepare and distribute an addendum as necessary, and to allow time for Proponents to receive and process the new information.

Unless otherwise indicated, the RFP is available on the Municipal website at www.marmoraandlake.ca or from Typhany Choinard by contacting 613-472-2629 ext. 2227.

In accordance with of the Municipality’s Purchasing Policy Bylaw, Municipal Council members and employees, other than the employees who are the official contact persons identified in the RFP, are prohibited from discussing any aspect of a Proposal process with a prospective Proponent from the time the RFP is issued until such time as an award report M-2019-03 Page 6

has been prepared and submitted to the appropriate approval authority. Proponents are cautioned, therefore, to deal exclusively with the Municipal Contact persons referenced in this Section.

5.0 INSTRUCTIONS TO PROPONENTS

5.1 Addenda It may be necessary for a variety of reasons to issue addenda that may include, but not be limited to:

a. Correction to, or clarification of, the RFP; b. Extension of the closing date; c. Retraction or cancellation of the RFP.

Potential Proponents must provide the Municipality with company information, including street address, fax number and email address, to be advised of addenda when issued or further information. Information should be provided to the Municipal Contact persons referenced in Section 4.0

All addenda issued to potential Proponents who have provided contact information will include a covering letter asking the recipient to confirm receipt of the most recent addendum and any previous addenda.

Addenda will be faxed, emailed or mailed to the latest address as provided by the Proponent. It is the Proponent’s responsibility to notify the appropriate Department Head and issuer of the RFP of any change to their fax number, email or mailing address.

Although the Municipality will make every reasonable effort to ensure a Proponent receives all addenda issued, it is the Proponent’s ultimate responsibility to ensure all addenda have been received and are reflected in their Proposal.

If you intend to submit a bid, you MUST register as a Document Taker. Failure to do so may result in you not obtaining subsequent addenda, and therefore your bid may not be based upon the latest information. The bid may then have to be rejected.

Email or fax the Register Form (Attachment 1):

Email: [email protected] or by Fax: 613-472-2232

5.2 Proposal Submission 5.2.1 Original The Proposal shall include:

a. All addenda that have been issued; b. All requirements of this RFP, as set out in Section 8.0 “To Include in Proposal”.

The Proposal shall be typed or written in ink. It shall contain original signatures where required and shall clearly be marked “ORIGINAL”. M-2019-03 Page 7

5.2.2 Copies The Proponent shall submit TWO (2) copies of all requirements of this RFP, as set out in Section 8.0. The copies do NOT require addenda.

5.2.3 Pricing The Proposal shall be made upon the forms provided. The prices quoted shall be valid for a period of one hundred twenty (120) days from the Closing.

5.2.4 Submission A Proposal shall be accepted only when submitted in an envelope sealed and clearly addressed to “Municipality of Marmora and Lake, 12 Bursthall Street, Marmora, Ontario, K0K 2M0" and marked Services for Lake Township and include the name and address of the Proponent.

5.2.5 Couriered or Mailed Submission Proponents are cautioned not to send Proposals collect by courier, or with insufficient postage. Costs for Proposals determined to be received “COLLECT” by courier, or with insufficient postage, will not be accepted.

5.2.6 Faxed or Emailed Proposals Faxed or emailed Proposals will not be accepted

6.0 GENERAL TERMS AND CONDITIONS

6.1 Freedom of Information Act The Proponent hereby consents to the disclosure of the information contained in this Proposal, pursuant to The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C.M. 56 (“MFIPPA”).

This RFP is a public document. By responding to this RFP, respondents waive any challenge to the Municipality’s decisions in this regard. If any submittal contains confidential technical, financial or other types of information, the respondent must clearly label the specific portions sought to be kept confidential and specify the exemption that the respondent is relying upon. Marking all or substantially all of a response as confidential may result in the response being considered non-responsive.

Notwithstanding the foregoing, respondents recognize and agree that the Municipality will not be responsible or liable in any way for any losses that the respondent may suffer from the disclosure of information or materials to third parties.

Any decision made under MFIPPA may be appealed to the Information and Privacy Commissioner of Ontario, who may direct the release of such information.

The identity of Proponents, as well as the successful Proposal amount, may be available to the public on the Municipal website as part of the award process.

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The MFIPPA Coordinator for the Municipality is the Municipal Clerk. Any questions regarding the MFIPPA may be directed to the Municipal Clerk at 613-472-2629 extension 2221.

6.2 Employees In the performance of this Contract, the Contractor shall be an independent contractor. Neither the Contractor nor any of their employees shall be deemed to be employees of the Municipality.

6.3 Costs Incurred The Municipality shall not, under any circumstances, be responsible for any costs incurred by the Proponent in the preparation of the Proposal.

6.4 Accept/Reject The Municipality may accept a Proposal in whole or in part, whether the submitted price is the lowest or not, and may reject any or all Proposals. There is no requirement of this RFP, implied or otherwise, that the submission representing the lowest price would be selected or preferred. The RFP process is used as a means of evaluating a number of criteria, price, experience/expertise and value added.

In the event that a favourable Proposal does not exactly meet with the Municipality’s requirements, the Municipality reserves the right to enter into negotiations with the Proponent to arrive at a mutually satisfactory arrangement with respect to any modifications to the Proposal.

Revised Proposals will not be called for if only minor changes are contemplated.

6.5 Causes for Rejection 6.5.1 The following represent circumstances that would result in a Proposal being rejected:

a. Proposal received late (will not be opened); b. Correct version of Proposal form not used; c. Proposal not complete; d. Proposal not legible in whole or in part; e. Proposal not completed in ink or type; f. Proposal not signed; g. “Agreement to Terms and Conditions”, when required, is not executed or included with the Proposal; h. Other mandatory forms or details required and clearly shown in the RFP as being required upon submission of a Proposal are omitted.

6.5.2 The following represent circumstances where a Proposal is questioned but may be accepted after examination or correction:

a. Proposal containing simple arithmetic errors as determined during evaluation process; b. Proposal not acknowledging correct number of addenda issued.

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6.6 Cancellation of Contract The Municipality reserves the right to cancel the Contract if the goods or services are unsatisfactory, if delivery requirements are not met or if invoice amounts do not match with the quoted prices. The Municipality may also cancel the Contract without cause by means of a hundred and eighty (180) day advance written notice.

6.7 Changes to Work When Contract Underway No deviation from the specifications shall be made by the Contractor in the execution of the work, without the written approval of the Municipality.

The Contractor shall furnish a complete breakdown of any costs beyond the Proposal amount to support the additional amount in the form of a “Request for Change Order”.

The Municipality will not pay the Contractor any amounts over and above the Proposal amount unless the Municipality and the Contractor agree to a price change as the result of changes in the work required before the additional work is undertaken.

6.8 Rights of the Municipality The Municipality will retain the right to ensure that an acceptable standard of use, service and operation is maintained.

The Municipality reserves the right to communicate with one or more Proponents following the Proposal close to clarify elements of the submission.

6.9 Municipality’s Right to Terminate Contract Under Certain Conditions If the Contractor is adjudged as bankrupt; or if he should make a general assignment for the benefit of his creditors; or if a receiver should be appointed on account of his insolvency; or if he should except in case of any event beyond his reasonable control, refuse or fail to supply enough properly skilled workmen or proper materials or equipment, after having received seven days’ notice in writing from the Municipality to supply additional workmen, or materials, or equipment; or persistently disregard laws, ordinances, or instructions of the Municipality, or otherwise be guilty of a substantial violation of the provisions of the contract, then the Municipality, upon notification to the Contractor that sufficient cause exists to justify such action, may without prejudice to any right or remedy, by giving the Contractor hundred and eighty (180) days written notice, terminate the contract of the Contractor, and finish the work by whatever method is considered expedient, but without undue delay.

In such case, the Contractor shall not be entitled to receive any further payment until all work is finished. If the outstanding balance due on the contract price shall exceed the expense of finishing the work, including compensation to the Municipality for its additional services, such excess shall be paid to the Contractor. If such expense shall exceed unpaid balance, the Contractor shall pay the difference to the Municipality. The Municipality shall determine the expenses incurred by the Municipality through the Contractor’s default.

6.10 Protection of Work and Property The Contractor shall be held responsible by the Corporation for all damage caused by himself, his employees, or any sub agents, including damage to subsurface or surface utilities, properties, pavement, sidewalks, curbs, buildings, homes or structures adjacent to or in the general area of the work, through any other cause relating to the work carried out M-2019-03 Page 10

under this contract. Additionally, the Contractor will be required to make good all such damage at his own expense to the satisfaction of the Municipality.

The Contractor shall conduct the work at all times, with the safety of employees on the job and the safety of the public in mind. All work shall be done in accordance with recognized safe working practices and all Government requirements applying to the work.

6.11 Indemnification The Contractor will always indemnify and save harmless the Municipality, its agents and employees, against all actions, suits, claims and demands, which may be brought for any loss, costs, damages, changes or expenses whatsoever which may be sustained, incurred or paid by the Municipality, its agents or employees, by reason of the errors or omissions of the Contractor, in regard to this Proposal or any contract which results there from, including any charges arising as a result of any health and safety violation on the part of the Contractor. The Contractor hereby grants to the Municipality full power and authority to settle any action, suit, claim or demand on such terms as the Municipality may deem advisable, and hereby covenants and agrees to pay the Municipality on demand all monies paid by the Municipality pursuant to any such settlement, together with the reasonable costs of the Municipality or its solicitor in defending or settling any such action, suit, claim or demand.

6.12 Confidentiality The Contractor recognizes that it may, by the nature of the goods and services being provided to the Municipality, have access to confidential information. It is understood and agreed that the Contractor, its employees, agents, representatives and officers, (the "Contractor") shall hold all information, whether confidential or not, in the strictest confidence.

The Contractor shall not disclose, nor permit by any act or failure to act the disclosure of, any information to any third party at any time during or after the term of its contract with the Municipality. Nor will the Contractor use any information however obtained as a result of performing duties for the Municipality for its own commercial, financial, or personal advantage. The Contractor also acknowledges that it may be held both criminally and civilly responsible for any breach of confidentiality.

6.13 Execution of Work The Contractor shall execute the whole of their work at all times in a workmanlike manner, comprehending what may be reasonably implied from the specifications.

The whole work shall be completed to the satisfaction of the Municipality. If the Contractor fails to perform the Work as required on any particular date, the Municipality at its discretion may have others do the work and charge the Contractor. See Section 1.7 in Sample Contract (Attachment 3).

6.14 Conflict of Interest The Contractor covenants that the Work will be undertaken without a conflict of interest and that during the course of the Work, the Contractor shall not undertake any work for any other client, which would result in a conflict of interest, without the prior written consent of the Municipality. M-2019-03 Page 11

6.15 Insurance 6.15.1 Liability Insurance The Contractor shall procure and maintain Comprehensive General Liability Insurance, which shall:

a. Have a limit of liability of not less than two million dollars ($2,000,000) inclusive for any one occurrence; b. Include insurance against liability for bodily injury and property damage caused by vehicles or equipment owned by the Contractor; c. Be endorsed to provide that the policies will not be altered, cancelled or allowed to lapse without thirty (30) days prior written notice to the Municipality; d. Name the “Corporation of the Municipality of Marmora and Lake” as an additional insured party; and e. Contain a cross-liability clause.

The insurance company must be satisfactory to the Municipality.

The Contractor shall pay for all premiums and expense incurred with the insurances.

6.15.2 Vehicle Insurance The Contractor shall maintain adequate vehicle insurance in the amount of two million dollars ($2,000,000) for any and all Company vehicles as applicable to be used in the provision of the Contract requirements.

6.15.3 Proof of Insurance The Proponent shall provide proof of insurance, as required in Section 6.15.1 and 6.15.2, with their Proposal.

In the event that satisfactory proof of insurance cannot be provided, a letter from the Proponent’s insurance company confirming that the Proponent will be able to obtain the required insurance will suffice.

6.15.4 Certificate of Insurance Prior to the start of any work, the Contractor shall file with the Municipality, together with the signed contract documents, a Certificate of Insurance, clearly stating that the insurance complies with all the requirements listed in Section 6.15.1 and 6.15.2.

If the Contractor does not provide the Certificate of Insurance as herein requested, the Contract will be terminated and will be awarded to the next qualified Proponent.

6.16 Workplace Safety and Insurance Act/Employment Insurance It is the Contractor’s responsibility to ensure that the Municipality is always in possession of a valid and current "Certificate of Clearance".

The Contractor must furnish the Municipality with a valid and current “Certificate of Clearance” from the WSIB forthwith upon the awarding of the contract. The Municipality will not execute the contract in the absence of a valid and current "Certificate of Clearance".

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If the Contractor does not provide a copy of a valid and current Certificate of Clearance as herein requested, the Contract will be terminated and will be awarded to the next qualified Proponent.

Payments to the Contractor will not be made by the Municipality if the “Certificate of Clearance” supplied to the Municipality is no longer valid and current.

The Contractor, at its sole expense, shall be responsible for providing: (1) all benefits and contributions required pursuant to the Workplace Safety and Insurance Act, and other applicable law, including but not limited to the Employment Insurance Act, to its employees; and (2) the payment of other incidental expenses to its employees.

6.17 Workplace Hazardous Materials Information Systems (“WHMIS”) The Contractor shall provide the Municipality with Material Safety Data Sheets (“MSDS”) for all WHMIS products used for this Contract. A copy of these MSD Sheets must be available at the site at all times for the duration of the Contract.

6.18 The Occupational Health and Safety Act The Contractor shall comply with all conditions and regulations of the Occupational Health and Safety Act, 1990 and Regulations for construction projects and amendments thereto, any other Federal or Provincial Statute or Local By-Law concerning safety or any other phase of his work on this contract.

6.19 Loss and Damage The Municipality will not in any manner be answerable or accountable for any loss or damage that shall or may happen to the said work, or any part or parts thereof respectively, or for any of the materials or other things used and employed in finishing and completing the work or for any injury to any person or persons, either workers or the public, or for any damage to the adjoining property. The Contractor will properly guard and make good all damage which may arise or be occasioned by any cause connected with the contract, or the work done by the Contractor, and will indemnify and keep indemnified the Municipality against the same, until the completion of all the work required.

6.20 Tools and Equipment All equipment, tools, supplies, etc. delivered to the job site by the Contractor, prior to, during, or after carrying out the work, will be the responsibility of the Contractor.

6.21 Approvals It shall be the Contractors’ responsibility to ensure that they are in compliance with all Provincial and Federal legislation and regulations that pertain to the type of work being carried out under this contract.

6.22 Safety Requirements The Contractor must ensure that, during the performance of the work outlined in the Contract, their personnel are equipped with and wear the necessary safety apparel, including headgear, footwear and other equipment as appropriate and in compliance with the latest written legislation.

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6.23 Co-ordination of Services The Contractor will be responsible for coordinating the response to, and involvement of, all other required services or facility suppliers, including but not limited to, Natural Gas, Hydro, Telephone, Water as required.

6.24 Contract The Contractor agrees that they will execute a Contract (see Attachment 3 – Sample Contract) with the required number of copies and return them to the Municipality, within ten (10) business days along with:

a. All required Certificates of Insurance; b. Articles of incorporation and a copy of any amendments thereto; c. Other required documentation as per this RFP.

In the event that the Contractor fails to execute the Contract in accordance with the foregoing requirements, the Contractor agrees that the Municipality may at its discretion, enter into a contract with the next qualified Proponent.

7.0 PROPOSAL DETAILS AND SPECIFICATIONS

7.1 Introduction The Municipality requires year-round services for part of Lake Township.

7.2 The Site Each Proponent must visit the site and satisfy themselves as to the location, conditions and constraints of the area in question. Submission of a Proposal by the Proponent is evidence that such visit has been conducted and the Proponent is aware of all limitations and restrictions of the site.

If selected as the Contractor, the Proponent agrees not to submit a specific claim for compensation due to natural conditions, or any adverse general or local conditions.

7.3 Scope of Work The scope of work involves the year-round services for part of Lake Township. The scope shall include, but may not be limited to:

a) Perform snow plowing and sanding service to the following roadways under the jurisdiction of the Municipality:

(i) Lower Ridge Road to the Boundary, (ii) Lake Wollaston Boundary Road, (iii) Area of Shawano Development on Dickey Lake, (iv) Old Hastings Road to Municipal turnaround, (v) Thanet Lake Phase One Development, (vi) Lake of Islands Development.

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b) The contract will include the following:

(i) Routine patrol over municipal roads to check for hazards and general conditions of roads and record in maintenance record logbook, (ii) Plowing and sanding of Municipal roads as listed above, (iii) Supply minimum 2-yard wheel loader to township sand shed on North Steenburg Road to load winter sand onto plow truck and snow removal at site, (iv) Snow removal at turnarounds area located down from intersection of Dickey Lake Road and Skene Road and the area of the public information board on Dickey Lake Road whenever snow accumulations 4inches or more, (v) Wash Municipal truck minimum twice a month or as needed, (vi) Delivery of municipal truck to municipal garage only when required for maintenance, (vii) Emergency culvert cleaning to prevent flooding, including the necessary equipment to preform task, (viii) Emergency removal of down trees to make roads passable, including the necessary equipment to preform task, (ix) Cutting of roadside vegetation with Contractor’s tractor and mower in the month of June and again in August, (x) Grading/Road Dragging of Municipal Roads as needed, or as requested by the Manager of Transportation, (xi) Put up and remove “Load Restriction” signs and “Flooded Area” signs at appropriate times or as requested by the Manager of Transportation.

c) The Contractor agrees to have all purchases approved by the Manager of Transportation, or the CAO, before making any purchase of any kind.

d) Unusual emergency circumstances, flooding, etc. will be dealt with separately on an hourly basis.

7.3.1 Significant Elements The significant elements that should be an asset are as follows:

a) Good knowledge of the Ontario Regulation 239/02 - Minimum Maintenance Standards For Municipal Highways (https://www.ontario.ca/laws/regulation/020239), b) Safely operation and maintenance of equipment, c) Follow standard required for logging, filing and storage of information, d) Customer service oriented, e) Excellent organizational and prioritization skills, f) Good judgment and problem-solving skills.

7.4 Specific Instructions 7.4.1 Record Keeping The Contractor becomes part of the Municipalities’ record keeping system. Operators will be required to keep accurate records of daily task and a driver’s log and made available to the Municipality if requested.

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7.4.2 Hours of Work The Contractor will be responsible to provide service on an “as needed” basis and shall comply with applicable labour and hours of work laws and regulations. The Contractor may need to provide service continuously over the course of several days. The Contractor shall have at least two (2) qualified drivers available such that the equipment can be operated continuously, while being in compliance with the Hours of Work Regulation under the Highway Traffic Act.

7.4.3 Supervision The Contractor will be supervised by the Manager of Transportation, who will have direct control of all activities of this Contract.

The Contractor shall provide a designated telephone number where the Operator can be contacted 24 hours a day, 7 days of the week.

7.4.4 Signs, Mailboxes and Guiderails Should the Contractor cause damage to properly installed mailboxes, signs or guide rails do to careless or substandard performance will be restored at the Contractors expense.

7.4.5 Preconstruction The Contractor must notify all utility agencies regarding the installation of any services in this contract area and to obtain stakeouts and permits for these services.

The Contractor is responsible for any damage caused to underground utilities or services by his/her work forces including sub-contractor(s) in the execution of this Contract. The Contractor is responsible for any necessary utility locates.

It is the Contractors’ responsibility to ensure the safety of the Public at all times throughout the construction and the Contractor must take every necessary precaution to ensure public safety.

7.4.6 Administration No work in excess of the amount of the Contract is to be carried out without approval from the Manager of Transportation from the Municipality. Any work that is carried out without such authority will be entirely at the Contractor’s own risk and expense.

Payment requests for extra work completed above the contract must be provided on a monthly basis.

7.4.7 Other Mandatory Submission Requirements o Copy of minimum DZ licence of each Operator o Drivers Abstract o WHIMIS Training Certificate

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7.5 Services To Be Provided by the Contractor

Provided Following Services Yes No Perform snow plowing and sanding service to the following roadways under the jurisdiction of the Municipality:

 Lower Ridge Road to the Boundary Road  Lake Wollaston Boundary Road  Area of Shawano Development on Dickey Lake  Old Hastings Road to Municipal turnaround  Thanet Lake Phase One Development  Lake of Islands Development

Contractor Plow Truck _____ or Municipal Plow Truck _____

Routine patrol over municipal roads to check for hazards and general conditions of roads and record in maintenance record logbook, Plowing and sanding of Municipality roads as listed above,

Supply minimum 2-yard wheel loader to township sand shed on North Steenburg Road to load winter sand onto township plow truck and snow removal at site, Snow removal at the turnaround area located down from intersection of Dickey Lake and Skene Road and the area of the public information boards on Dickey Lake Road whenever snow accumulates 4 inches or more, Wash Municipal truck minimum twice a month or as needed,

Delivery of municipal truck to municipal garage only when required for maintenance, Emergency culvert cleaning to prevent flooding, including the necessary equipment to preform task, Emergency removal of downed trees to make road passable, including the necessary equipment to preform task, Cutting of roadside vegetation in the month of June and again in August,

Grading/Road Dragging of Municipal Roads as needed, or as requested by the Manager of Transportation,

Grader _____ or Road Drag _____

Put up and remove “Load Restriction” signs and “Flooded Area” signs at appropriate times or as requested by the Manager of Transportation. The Contractor agrees to have all purchases approved by the Manager of Transportation, or the CAO, before making any purchase of any kind. Unusual emergency circumstances, road repair do to flooding, etc. will be dealt with separately on an hourly basis.

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7.5.1 Alternative Pricing Please provide your equipment rates and labour rates for Emergency response.

8.0 TO INCLUDE IN PROPOSAL

8.1 Proposal Format The Proponent shall provide the information requested below to support the scope of work. Note that the required information must be clear and concise and, therefore, should not exceed ten (10) single-sided pages in total length, excluding information relating to the Proponent contact information, profile and Appendices A to E.

The Proposal must be organized with headings and order of presentation as listed below.

8.2 Acknowledgements The Proponent shall provide completed Appendix A – Acknowledgements, confirming any addenda received.

8.3 Pricing The Proponent shall provide completed Appendix B – Pricing, in Canadian Funds.

Prices shall remain firm for a period of 120 days from the date of the Proposal Closing.

8.4 References The Proponent shall provide completed Appendix C – References – providing a list of not less than three (3) references for work completed within the last five years, and that may be contacted by Municipal staff.

The Municipality reserves the right to contact any or all of the supplied references and may disqualify Proponents who have been given negative performance/service and/or quality ratings by supplied references or other references contacted.

8.5 Company Profile The Proponent shall clearly identify full name, addresses, phone numbers, and fax numbers, of the Company. The Proposal should also identify the individual authorized as a signing authority to negotiate the Proposal in the event the Proponent is selected.

The Proponent shall outline their ability to meet the following competencies:

a. Previous experience with related similar size task; b. Technical/professional knowledge; and c. Planning and organizing ability.

8.6 Meets Specifications The Proponent shall provide sufficient details that provide confirmation that all equipment and work meet the requirements of Sections 7.0.

The Proponent is to complete Appendix D, Part 1. M-2019-03 Page 18

Failure by the Proponent to provide such confirmation may result in rejection of the Proposal as null and void.

8.7 Value Added The Proponent may provide details of value-added features of the equipment, services, etc. This information must be provided in the Proposal submission in order to be evaluated. Proponent is to complete Appendix D, Part 2.

8.8 Alternative Pricing The Proponent shall provide the completed Appendix E – Alternative Pricing, pricing information for equipment for emergency circumstances. The Municipality shall make the final decision on alternatives and will include in evaluation of pricing (see Table 3 – Rating Scheme).

8.9 Other Mandatory Documents To Include a. Proof of insurance (see Section 6.15.3)

9.0 EVALUATION/AWARD

9.1 Evaluation By responding to this RFP, the Proponent agrees to accept the decision of the evaluating committee as final.

9.2 Evaluation Committee An Evaluation Committee will assess all Proposals. The Evaluation Committee for this process may be comprised of representation from the CAO, and appropriate municipal staff- not to exceed 4 people.

9.3 Evaluation Process This is an RFP, which will be awarded based on evaluation of the criteria set out in this Section. Some scores assigned to the various categories may be determined through reference checks.

9.4 Clarification The Committee reserves the right to contact any Proponent to seek clarification of the contents of a Proposal.

9.5 Evaluation Criteria Proposals will be evaluated and scored according to the rating scheme indicated in Table 3. The Proposal must ensure that their Proposal addresses all items of the evaluation criteria listed.

M-2019-03 Page 19

Table 3 Rating Scheme RATING # CRITERIA (%) Price 1 40% (Section 8.3 and 8.8 (for option(s) selected by the Municipality) Experience/Expertise 2 40% (Sections 8.4; 8.5) Value Added 3 20% (Section 8.7) TOTAL 100%

9.6 Recommendation of Award Recommendation for Award of this Proposal will be based on the Proponents’ overall total score.

Award of the Proposal will require the approval of Municipal Council.

10.0 ERRORS AND OMISSIONS

It is understood and agreed that this RFP includes specific requirements and specifications. The Municipality shall not be held liable for any errors or omissions in any part in this RFP.

Nothing in the RFP is intended to relieve the Proponent from forming their own opinions and considerations with respect to the matters addressed in the RFP.

There will be no consideration of any claim after submission of Proposals, that there is a misunderstanding with respect to the conditions imposed by the contract.

11.0 PROPOSAL CHECKLIST

The Proponent is responsible for ensuring that the submission is complete, by providing the following in a sealed envelope:

One (1) original to include:

a. All addenda issued, with original signatures; and b. All documentation to address Section 8.0 “To Include in Proposal”.

Two (2) copies of the following:

a. All documentation to address Section 8.0 (may be photocopies). M-2019-03 Page 20

Attachment 1

MUNICIPALITY OF MARMORA AND LAKE REGISTER FORM

PO BOX 459, 12 BURSTHALL ST., MARMORA, ON K0K 2M0 PH. 613-472-6940 FAX 613-472-2232 [email protected]

Dated of Tender Picked Up

Firm or Organization Name Signing Authority

Street Address Signature

City Postal Code Telephone Number

Email Address Fax Number

Email to: [email protected] or Fax to: 613-472-2232

M-2019-03 Page 21

Attachment 2

MAP OF ROADS

M-2019-03 Page 24

Attachment 3

SAMPLE CONTRACT

Services for Lake Township

THIS AGREEMENT dated the day of 2019

BETWEEN

THE Municipality of Marmora and Lake (the "Municipality")

AND

XXXXXXXXX Company (the "Contractor")

WHEREAS the Municipality desires to receive services for Lake Township hereinafter called the "Contract"

AND WHEREAS the Contractor has agreed to furnish all required professional services in connection with the Contract;

NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the Municipality and the Contractor mutually agree as follows:

ARTICLE 1 - GENERAL CONDITIONS

1.1 Retainer

The Municipality hereby retains the services of the Contractor in connection with the Contract and the Contractor hereby agrees to provide the services described herein under the general direction and control of the Municipality.

In this Contract, the word Contractor shall mean professionals and other specialists engaged by the Municipality directly and whose names are party to this Contract.

1.2 Services

The services to be provided by the Contractor and the Municipality for the Contract are set forth in Article 2, as supplemented pursuant to Section 1.20, and such services as changed, altered or added to under Section 1.6 are hereinafter called the "services".

1.3 Compensation

The Municipality shall pay the Contractor in accordance with the provisions set forth in Article 3.

M-2019-03 Page 25

1.4 Staff and Methods

The Contractor shall use current state of the art principles and shall skilfully and competently perform the Services and shall employ only skilled and competent staff who will be under the supervision of a senior member of the Contractor's staff with the approval of the Municipality. The Contractor shall have the prior agreement of the Municipality before making any changes to the staff list after commencement of the Contract.

1.5 Intellectual Property

All concepts, products or processes produced by or resulting from the Services rendered by the Contractor in connection with the Contract, or which are otherwise developed or first reduced to practice by the Contractor in the performance of their services, and which are patentable, capable of trademark or otherwise, shall be and remain the property of the Municipality.

1.6 Changes and Alterations and Additional Services

a) The Municipality, in consultation with the Contractor, may in writing, at any time after the execution of this Contract, delete, extend, increase, vary or otherwise alter the Services required under this Contract.

b) In the event that the Municipality increases the overall Services required, the Municipality shall where appropriate, pay the Contractor for the additional service based on an approved Change Order in accordance with Article 3 of the Contract.

c) In the event that the Municipality decreases the overall Services required under this Contract, the Municipality may reduce the amounts prescribed, at its sole discretion, in accordance with Article 3 of this Contract.

1.7 Suspension or Termination

The Municipality may at any time for non-performance or not complying with the agreed work schedules by notice in writing to the Contractor suspend or terminate the services or any portion thereof at any stage of the undertaking. Upon receipt of such written notice, the Contractor shall perform no further Services other than those reasonably necessary to close out their Services. In such an event, the Contractor shall be entitled to payment for work related to the close out of services in accordance with Subsection 3.1.

If the Contractor is practising as an individual and dies before their services have been completed, this Contract shall terminate as of the date of their death, and the Municipality shall pay for the services rendered and disbursements incurred by the Contractor to the date of such termination.

M-2019-03 Page 26

1.8 Indemnification

The Contractor shall indemnify and save harmless the Municipality, their employees, officers and agents from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which the Municipality, their employees, officers or agents may suffer as a result of the negligence of the Contractor, their employees, officers or agents in the performance of this Contract.

1.9 Insurance

a) Comprehensive Commercial General Liability and Automobile Insurance

The Contractor shall maintain insurance for the duration of the contract. Coverage shall consist of a comprehensive Commercial General Liability policy covering public liability and property damage insurance acceptable to the Municipality in an amount not less than $2,000,000.00 and automobile insurance for both owned and non-owned vehicles to be used by the Contractor during its delivery of the services in an amount not less than $2,000,000.00. The Commercial General Liability policy shall name the Municipality as an additional insured and Contain a cross-liability clause there under and the Contractor shall forward proof of insurance as the Municipality may direct.

c) Change in Coverage

It is understood and agreed that the coverage provided by these policies will not be changed or amended in any way nor cancelled by the Contractor until (30) days after written notice of such change or cancellations has been personally delivered to the Municipality.

1.10 Assignment

Neither party may assign this Contract without the prior consent in writing of the other.

1.11 Previous Contracts

This Contract supersedes all previous contracts, agreements, arrangements or understandings between the parties whether written or oral in connection with or incidental to the Contract.

1.12 Approval by Other Authorities

Unless otherwise provided in this Contract, where the work of the Contractor is subject to the approval or review of an authority, department of government, or agency other than the Municipality, such applications for approval or review shall be the responsibility of the Contractor, but shall be submitted through the offices of the Municipality and unless authorized by the Municipality in writing, such applications for approval or review shall not be obtained by direct contact by the Contractor with such other authority, department of government or agency.

M-2019-03 Page 27

1.13 Inspection

The Municipality, or persons authorized by the Municipality, shall have the right, at all reasonable times, to inspect or otherwise review the Services performed, or

being performed, under the Contract and the premises where they are being performed.

1.14 Publication

The Contractor agrees to obtain the consent in writing of the Municipality before publishing or issuing any information regarding the Contract.

1.15 Confidential Data

The Contractor shall not divulge any confidential information communicated to or acquired by them or disclosed by the Municipality in the course of carrying out the services provided for herein. No confidential information shall be used by the Contractor on any other project without the approval in writing of the Municipality.

1.16 Time

The Contractor shall perform the Services expeditiously to meet the requirements of the Municipality and Minimum Maintenance Standards for Municipal Highways and the safety of the public.

1.17 Schedules

1.17.1 Subsequent Changes in the Schedule of Fees

The Contractor will require prior written approval, from the Municipality for any of the following:

a) Any increase in the fees beyond those approved under Section 3.1.

1.17.2 Monthly Reporting

The Contractor shall provide reports to the Manager of Transportation as requested.

1.18 Federal and Provincial Requirements

The Contractor shall abide by all applicable Federal and Provincial Legislation and Regulations thereto as these may relate to, but not limited to, the employment of staff, compensation, Workplace Safety & Insurance Board (WSIB), OHSA etc.

1.19 Term of Contract

This contract shall be automatically renewed each year as of September 1, unless notice is given by either party of intent to cancel at least hundred and eighty days in advance. M-2019-03 Page 28

1.20 Appendix

Appendix A – Completed Proposal Submission for Proposal Document No. M-2019-03, attached.

The Appendix supplements Articles 2(a) ("Services to be Provided by the Contractor") and 2(b) ("Services to be Provided by the Municipality "). If any conflicts exist between the Appendix and Articles 2(a) and 2(b), the Municipality shall, acting reasonably, resolve such conflict.

1.21 Conflict of Interest

The Contractor shall disclose to the Municipality prior to accepting an assignment, any potential conflict of interest. If such a conflict of interest does exist, the Municipality may, at its discretion, withhold the assignment from the Contractor until the matter is suitably resolved, and further

That if during the conduct of an assignment with the Municipality the Contractor is retained by another Municipality giving rise to a potential conflict of interest, then the Contractor shall so inform the Municipality. If a significant conflict of interest is deemed to exist, then the Contractor shall refuse the new assignment or shall take such steps as are necessary to remove the conflict of interest.

ARTICLE 2 - SERVICES

Services to be provided as part of this Contract include the following:

ARTICLE 2 a) - SERVICES TO BE PROVIDED BY THE CONTRACTOR

• All as described in Section 7.0 of RFP.

ARTICLE 2 b) - SERVICES TO BE PROVIDED BY THE MUNICIPALITY

• Attendance at Project Team meetings, as requested; • Review, approval and payment of monthly Municipal invoices in accordance with this Contract; • Review and approval of on-going Contractor work in a timely manner; • Provide available background information to the Contractor, as requested.

ARTICLE 3 - FEES AND DISBURSEMENTS

3.1 Fees for Completion of the Project

The total fees and disbursements paid by the Municipality to the Contractor shall not exceed the total amount of $ (budgeted amount) for the provision of:

M-2019-03 Page 29

YEAR-ROUND SERVICES AS DESCRIBED IN SECTION 7.0 OF THE RFP.

All fees quoted in Article 3.1 are exclusive of applicable taxes. Under no circumstances whatsoever shall the Contractor’s total fees and disbursements exceed the fees quoted in Article 3.1 without the prior written approval of the Municipality.

3.2 Payment

3.2.1 Lump Sum Fee Basis

a) To pay the Contractor monthly payments on the last day of each month, beginning on November 01, 2019 or when approved thereafter, and ending on October 31, 2019, unless renewed.

b) To pay the Contractor monthly for any extra work over and above as described in Section 7.0 of the RFP

M-2019-03 Page 30

IN WITNESS THEREOF the parties hereto have executed this agreement by officers properly authorized on the day and year set out below.

SIGNED, SEALED AND DELIVERED at , Ontario, this day of 2019.

SUPPLIER: NAME: ______

ADDRESS: ______

______Signature of Authorized Official or Principal

______WITNESS (required if the (Print Name and State Title) Supplier is not a Corporation)

______WITNESS (if required) Signature of Authorized (Corporate Seal) Official or Partner

I/We have authority to bind the corporation

THE CORPORATION OF THE MUNICIPALITY OF MARMORA AND LAKE 12 Bursthall Street, Marmora, ON K0K 2M0

Jan O’Neill, Mayor

Tonia Bennett, Clerk M-2019-03 Page 31

Appendix A

ACKNOWLEDGEMENTS

I/WE ACKNOWLEDGE that this Proposal is made without any connection, knowledge, comparison of figures or arrangements with any other company, firm or person making a Proposal for the same work and is in all respects fair and without collusion or fraud.

I/WE ACKNOWLEDGE that all matters stated in the submitted Proposal are in all respects true.

I/WE ACKNOWLEDGE that ______addenda have been received and that it is my/our ultimate responsibility to ensure all addenda issued have been received.

I/WE ACKNOWLEDGE that I/WE have carefully read Request for Proposals M-2019-03, and have satisfied ourselves as to the conditions under which the work is to be carried out, and do hereby make an offer with the Corporation of the Municipality of Marmora to provide the necessary services for the Services for Lake Township at pricing indicated in Appendix B – Pricing.

I/WE ACKNOWLEDGE and warrant that the price submitted shall be firm for a period of one hundred-twenty (120) days from the date of the Proposal Closing.

Dated at this day of 2019.

Firm or Organization Name Signing Authority

Street Address Signature

City Postal Code Telephone Number

Email Fax Number

M-2019-03 Page 32

Appendix B

PRICING 1. Pricing $ Services for Lake Township (Based on details in Section 7.5)

$ SUBTOTAL

$ HST

$ TOTAL

2. HST

HST Registration Number is:

Operates as a Small Trader with the Federal Government:

Dated at this day of 2019.

Firm or Organization Name Signing Authority

Street Address Signature

City Postal Code Telephone Number

Email Fax Number M-2019-03 Page 33

Appendix C

REFERENCES If insufficient space is provided in this table, please provide required information in the same format and attach to this Appendix.

Municipality/ Date Contact Organization of Work Project Name/Phone Position

M-2019-03 Page 34

Appendix D

1. Detailed Specifications

The Proponent is to complete the following table identifying all features and components proposed to service Lake Township. If insufficient space is provided in this table, please provide required information in the same format and attach to this Appendix.

Line Specification Yes No Specify #

10.

11.

12.

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2. Value Added

The Proponent is invited to provide details of any value-added features. If insufficient space is provided in this table, please provide required information in the same format and attach to this Appendix.

Line Component / Feature Description #

M-2019-03 Page 36

Appendix E ALTERNATIVE PRICING

The Proponent is to provide pricing and specifications for the following mandatory alternative options. If insufficient space is provided in this table, please provide required information in the same format and attach to this Appendix.

Price Line Item Description Specifications (Excluding # Taxes)

10.

11.

12.

M-2019-03 Page 37

Glossary and Definitions

Contractor A Contractor is a supplier to government who is providing goods or services subject to the terms and conditions of a contract with the Municipality. Most often, the term contractor is used to refer to a supplier of services.

Evaluation Committee An evaluation committee is a group of individuals responsible for evaluating proposals received in a competitive procurement process, such as a response to a Request for Proposals (RFP).

Proponent The term proponent refers to a vendor who responds to a Request for Proposals (RFP) by submitting a proposal. The successful proponent is the vendor who is selected from the competitive process to supply government with the goods or services required.

Request for Proposals (RFP) Request for Proposals (RFP) refers to the process and documents used in government to solicit proposals from vendors which will be evaluated on price as well as other criteria, including vendor qualifications and the proposed solution.

Solicitation Solicitation involves the act of obtaining bids, quotes, offers or proposals.

Supplier The term supplier is often used interchangeably with the term vendor. However, in the context of government procurement, a supplier is a vendor who has been selected through a procurement process to supply government with goods or services.

Vendor In the context of government procurement, any party that is in the position of being able to sell goods or services to government (i.e., a potential supplier) is a vendor. Solicitation processes are designed to solicit bids and proposals from many vendors.